CAP. 199 Kenya Defence Forces Kenya Defence Forces [Rev. 2012] 103. Permitting escape, and unlawful release of prisoners (1) A person subject to this Act and who— (a) willfully allows a prisoner who is within the person's charge, or whom it is the person's duty to guard, to escape; or (b) without proper authority releases a prisoner who is within the person's charge; or (c) without reasonable excuse, allows a prisoner who is within the person's charge, or whom it is the person's duty to guard, to escape, commits an offence. (2) A person who commits an offence under subsection (1) shall be liable, upon conviction by a court-martial, to imprisonment for a term not exceeding— (a) seven years, or any lesser punishment provided for by this Act, in case of an offence committed under subsection (1)(a); or (b) two years or any lesser punishment provided for by this Act, in any other case. 104. Resistance to arrest (1) A person who is subject to this Act commits an offence if that person, being concerned in any quarrel or disorder— (a) refuses to obey any officer who orders the person be arrested; or (b) strikes or otherwise uses violence against, or offers violence to— (i) any such officer; or (ii) another person, whose duty it is to apprehend the person, or who has custody of the person, whether or not the officer is the person's superior officer or that other person under paragraph (b)(i) is subject to this Act. (2) A person who commits an offence under subsection (1) shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding three years or any lesser punishment provided for by this Act. 105. Escape from custody A person subject to this Act who escapes from arrest, prison or other lawful custody (whether service custody or not) commits an offence and shall be liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any lesser punishment provided for by this Act. Offences concerning Courts Martial and other Authorities 106. Offences concerning courts martial (1) A person who is subject to this Act commits an offence if that person— (a) having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply with the summons or order; (b) refuses to swear an oath or affirm when duly required by a courtmartial to do so; [Issue 1] K7-58